Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
does not take the trouble to mark all the names on the ballot it
sufficiently indicates that he is indifferent as to some of the
candidates even of his own party, and that his votes for them should,
therefore, not be counted.
The most significant of modern developments in legislation concerning
voting is the new practice of recognizing by law political parties,
and of regulating by law the mode of their nominations. The old idea
was that the law took no notice of anything that happened until
election day, when it did regulate the mode of voting and counting
the votes; the law was supposed to be blind to political parties; the
persons elected were merely the successful candidates. But first
began the tendency to recognize parties in "bi-partisan" boards and
commissions; it became very usual to provide that State officials
should, when the office was held, or the function performed, by more
than one person, be elected or appointed from different parties. This,
of course, works very well when there are but two parties, as indeed
is usually the case. And now of late years the practice has grown up
of regulating political matters _before_ the election day. Direct
primaries, caucuses regulated by law, the mode of nomination,
nomination papers to be filed in a certain manner, the compulsory
service of men as candidates unless they comply with precise
formalities of resignation, the joint caucus and the separate caucus,
the public nomination paper, the one-per-cent., three-per-cent. or
five-per-cent. rule whereby a party gains such official recognition
only by throwing such a percentage of votes at some previous
election--in short, all the mass of legislation of this kind is the
matter of the last few years. In the writer's opinion, with the
possible exception of the public nomination paper, it is all mistaken.
Aimed at destroying the machine, it really intrenches the machine--the
professional politician--in power. The general public will not, and
should not be compelled to do more work than is necessary. If they
actually vote at election it is all that can fairly be asked of them
and more than one-third of them do. They will not, and cannot, devote
their time to politics all through the year. The result is that all
such elaborate schemes simply throw the game into the hands of the
"town committee" or other permanent professional body. If you have to
hold a meeting in June, and give notice of a caucus in July, with
as much formality as used to be required in publishing the bans of
marriage, and then on a certain day in August do something else, and
in September something still more, and file with the Secretary of
State nomination papers in October, and have everything complete ten
days before election day,--the ordinary citizens who usually awake to
the fact that there is an election about that time find it too late to
have any voice in the nomination. They go to the election itself to
Public-domain text, read in full here on John Shaqi.
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